Is Cannabis Legal in Oklahoma Yet?

Is weed legal in Oklahoma? The answer is, “sort of.” Among states with legal cannabis, Oklahoma is a standout…even for an industry without rigid rules or standards. Some of the state’s abnormalities include:

• A lack of specific qualifying medical conditions
• Voter rejection of recreational legalization despite a robust medicinal market
• A lack of caps for state licenses

This separation from other states’ legal frameworks has led to confusion and questions, such as:

• Is weed legal in Oklahoma?
• When will Oklahoma go recreational?

Here is an update on the going-ons of the Boomer State within the cannabis industry.

Current Oklahoma Marijuana Laws

Oklahoma’s Court of Criminal Appeals officially ruled that women who are registered with the state medical cannabis program and consume while pregnant are ineligible for child neglect prosecution. The ruling was handed down via the case of Amanda Aguilar, who was charged with felony child neglect in 2020 after her newborn son tested positive. Her son was born healthy, but the hospital reported her to child welfare workers who handed her son’s drug test results to police. During pregnancy and birth, Aguilar was a registered medical patient for treatment of pregnancy-related severe morning sickness. The court’s decision sets a new legal precedent in the state, however, the ruling noted the court does not condone cannabis use for pregnant women, but that the treatment is legal under Oklahoma cannabis laws.

Challenges for Oklahoma Cannabis Products

Sampled pre-rolls had a bad time recently, as an Oklahoma cannabis testing lab found mold and yeast levels that exceeded the Oklahoma Medical Marijuana Authority’s (OMMA) threshold for certain types of grow batches. Batches are tested for pesticides, heavy metals and microbes. Havard Industries, a cannabis testing lab in the state, assessed microbial levels of 15 pre-rolls from three Oklahoma cannabis dispensaries. The study found that all but one exceeded the threshold of 10,000 colony-forming units.

“We found that 14 of the 15 samples did fail for mold and yeast and exceeded the upper limit on an average of 23% over the limit for flower samples,” the study reported. Lee Rhodes, OMMA’s chief science officer, said the state’s regulations surrounding microbial testing are from United States Pharmacopoeia, a nonprofit which provides recommendations and guidelines for pharmaceuticals. Rhodes said all cannabis in Oklahoma dispensaries is tested for microbes, but the microbial testing rules vary on the batch. For growers and processors, there are no specific regulations for how to store medical cannabis in Oklahoma to prevent contamination, but there is a general rule to store it in a way that prevents contamination.

Testing Cannabis in Oklahoma

In related news, cannabis in Oklahoma will now be subject to stricter standards for testing laboratories, including a state reference lab to double-check results. What’s more, as of July 25, 2024, the OMMA’s rules have a new definition for THC, which attempts to close the so-called “THCA loophole”. Under this loophole, some operators have sold cannabis under the claim that the product is federally legal hemp. Under Oklahoma’s revised rules, testing labs must follow new state-imposed standards, including instrumentation calibration and quality-control standards. Molds, solvents and heavy metals all have new failure thresholds, while identified pesticide standards are the same.

Also new under the OMMA’s rules is a secret-shopper program designed to discreetly obtain products from dispensaries and other businesses to verify results. The program’s leaders have been granted the power to revoke licenses. The OMMA plans to withhold specific details about the program’s operations from the public until it hits its one-year anniversary in an effort to protect the “integrity of the program,” according to an email shared with Oklahoma Voice. House Bill 3971 requires secret shoppers to inspect at least 50 licensed dispensaries by the end of the year. Beginning in 2025, the agency must inspect at least 10% of all licensed Oklahoma cannabis dispensaries. The law requires the OMMA to implement secret shoppers to buy enough products for five compliance tests. Four samples must be tested by four different labs, and the fifth will be kept in reserve in case of discrepancy. Oklahoma marijuana laws dictate that secret shoppers ask for a certificate of analysis for each purchased product. If a product fails a lab analysis, OMMA is mandated to recall the product within seven days. The agency may use the lab results to take punitive actions against licensed growers, processors or dispensaries.

When will Oklahoma Go Recreational? It’s On Our Minds at CannaCon!

If you’re wondering things like “when will Oklahoma go recreational?” and “is marijuana legal in Oklahoma?” the answer is we simply don’t know. This is the kind of question that experts from across the industry weigh in on at B2B gatherings like CannaCon.

In fact, you can have this discussion at the upcoming CannaCon Festival in Oklahoma City! Join us April 12-13, 2025 for seminars, networking and thought-provoking discussions with cannabis leaders and enthusiasts alike. With excitement and discovery in mind, plan to experience activities, live music, workshops, fun competitions and new products and services. Is cannabis legal in Oklahoma? Yes! Join us here for culture, community, and cannabis like no other!

This article was originally published Feb. 28, 2023 and was updated Jan. 22, 2024 and Aug. 29, 2024.